Your SlideShare is downloading. ×
0
5530: Chapter 2
5530: Chapter 2
5530: Chapter 2
5530: Chapter 2
5530: Chapter 2
5530: Chapter 2
5530: Chapter 2
5530: Chapter 2
5530: Chapter 2
5530: Chapter 2
5530: Chapter 2
5530: Chapter 2
5530: Chapter 2
5530: Chapter 2
5530: Chapter 2
5530: Chapter 2
5530: Chapter 2
5530: Chapter 2
5530: Chapter 2
5530: Chapter 2
5530: Chapter 2
5530: Chapter 2
5530: Chapter 2
5530: Chapter 2
5530: Chapter 2
5530: Chapter 2
5530: Chapter 2
5530: Chapter 2
5530: Chapter 2
Upcoming SlideShare
Loading in...5
×

Thanks for flagging this SlideShare!

Oops! An error has occurred.

×
Saving this for later? Get the SlideShare app to save on your phone or tablet. Read anywhere, anytime – even offline.
Text the download link to your phone
Standard text messaging rates apply

5530: Chapter 2

802

Published on

0 Comments
2 Likes
Statistics
Notes
  • Be the first to comment

No Downloads
Views
Total Views
802
On Slideshare
0
From Embeds
0
Number of Embeds
1
Actions
Shares
0
Downloads
0
Comments
0
Likes
2
Embeds 0
No embeds

Report content
Flagged as inappropriate Flag as inappropriate
Flag as inappropriate

Select your reason for flagging this presentation as inappropriate.

Cancel
No notes for slide

Transcript

  • 1. Chapter 2 Introduction to Law―Laws are the very bulwarks of Liberty; theydefine every man’s rights, and defend theindividual Liberties of all men.‖ J.G. Holland (1819-1881) 2
  • 2. LawsGovern the relationships between privateindividuals and organizations; and betweenboth of these parties and government. 3
  • 3. Categories of Law• Public Law – Deals with the relationships between government and individuals.• Private Law – Deals with relationships among individuals. 4
  • 4. Sources of Law• Common Law – derived from judicial decisions.• Statutory Law – written laws• Administrative Law – public law, rules & regulations issued by administrative agencies to direct the enacted laws of the federal and state governments. 5
  • 5. The Law of EnglandLaw reflects to a large degree the civilizationof those that live under it. Its progress &development are mirrors not merely ofmaterial prosperity but of the method ofthought and of the outlook of the age. 6
  • 6. Development of English Law• As varied as the nations who have peopled its land: – Romans – Saxons – Danes – Normans 7
  • 7. Development of English LawSystem of National Law based on – Custom – Foreign literature – Rule of strong kings 8
  • 8. Common Law in England• Few written laws• Law develops from court decisions• Became known as ―Common Law‖• Subsequent cases based on prior decisions 9
  • 9. Common Law in U.S.• Body of principles that has evolved and expanded from judicial decisions.• Origins in English Common Law. 10
  • 10. Common Law Principles• Precedent: – a judicial decision that may be used as a standard in subsequent similar cases.• Res Judicata: – means the thing is decided—refers to that which has been previously acted on or decided by the courts.• Stare Decisis: – common-law principle meaning let the decision stand. 11
  • 11. Statutory LawWritten law emanating from a legislative body. 12
  • 12. Hierarchical Order: Statutory Law• U.S. Constitution – Highest in the hierarchy of laws• State Constitution 13
  • 13. Article VI of the ConstitutionThis Constitution and Law of the United States . . . Shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby . . . . 14
  • 14. Administrative LawExtensive body of public law issued byadministrative agencies to direct the enactedlaws of the federal and state governments. 15
  • 15. Government Organization• Legislative Branch• Executive Branch• Judicial Branch 16
  • 16. Legislative Branch• Enacts laws• Amends or repeals existing legislation• Creates new legislation 17
  • 17. Executive Branch• Administers and enforces the law• Cabinet – 15 Executive departments on federal level (e.g., Dept. of Health & Human Services) 18
  • 18. Judicial Branch. . . when government bureaus andagencies, which are adjuncts of the legislativeor executive branches, go awry, the people fleeto the third branch, their courts, for solace andjustice. 19
  • 19. Federal Court System• U.S. District Court• U.S. Court of Appeals• U.S. Supreme Court 20
  • 20. U.S. District Court• Trial court of Federal System• 89 district courts in 50 states• 1 in District of Columbia• 1 in Puerto Rico• civil, criminal, admiralty & bankruptcy cases 21
  • 21. U.S. Court of Appeals• Created to help U.S. Supreme Court• Reviews – district court decisions – administrative agency decisions 22
  • 22. U.S. Supreme Court• Highest federal court• Only court created by federal constitution• Comprised of 8 Associate & 1 Chief Justice 23
  • 23. Separation of Powers Model for GovernmentUnder this model the state is divided intobranches, and each branch of the state hasseparate and independent powers and areas ofresponsibility; however, each branch is alsoable to place limited restraints on the powerexerted by the other branches. 24
  • 24. Branches & Powers of Government Legislative Executive JudicialWrite laws Veto Laws Declare laws unconstitutionalEnact Laws Wage War Interpret lawsConfirm Justices Appoint Justices Apply LawsEnact Taxes & Refuse certain Compelset the budget expenditures Testimony 25
  • 25. Dept of Health & Human Services• Administration on Aging• Centers for Medicare & Medicaid – Health Insurance Portability & Accountability Act of 1996• Public Health Service 26
  • 26. Public Health Service– Agency for Healthcare Research and Quality– Centers for Disease Control & Prevention– Food and Drug Administration– National Institutes of Health 27
  • 27. Questions - I1. Define the term ―law.‖ a. What are the sources of law?2. Define the legal terms: a. Precedent b. Stare decisis c. original jurisdiction d. appellate jurisdiction 28
  • 28. Questions – II3. Describe the branches of government.4. What is the meaning of separation ofpowers?5. What is the function of an administrativeagency?6. Describe the responsibilities of the DHHS. 29

×